[Federal Register Volume 61, Number 218 (Friday, November 8, 1996)]
[Rules and Regulations]
[Pages 57780-57781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28717]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 960129019-6019-01; I.D. 110196A]


Fisheries of the Exclusive Economic Zone Off Alaska; Tanner Crab 
Bycatch Allowances for Vessels Using Trawl Gear in Zone 1 of the Bering 
Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS has determined that the current bycatch allowances of the 
Chionoecetes bairdi (C. bairdi) Tanner crab prohibited species catch 
(PSC) limit allocated to the yellowfin sole and rock sole/flathead 
sole/``other flatfish'' trawl fishery categories in Zone 1 of the 
Bering Sea and Aleutian Islands management area (BSAI) are incorrect. 
NMFS is respecifying the PSC limit apportioned to these categories. 
These actions are necessary to achieve the optimum yield from the 
groundfish fisheries. They are intended to promote the goals and 
objectives of the Fishery Management Plan for the Groundfish Fishery of 
the Bering Sea and Aleutian Islands Area (FMP).

DATES: 1200 hrs, Alaska local time (A.l.t.), November 4, 1996, until 
2400 hrs, A.l.t., December 31, 1996. Comments must be received at the 
following address no later than 4:30 p.m., A.l.t., November 19, 1996.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Attn: Lori Gravel, Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802-1668, or be delivered to Room 457, Federal 
Building, 709 West 9th Street, Juneau, AK.

FOR FURTHER INFORMATION CONTACT: Thomas Pearson, 907-486-6919.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS according to the FMP prepared by the 
North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Fishing by 
U.S. vessels is governed by regulations implementing the FMP at subpart 
H of 50 CFR part 600 and 50 CFR part 679.
    Pursuant to Sec. 679.21(e)(1)(ii) the PSC limit of C. bairdi Tanner 
crab caught while conducting any trawl fishery for groundfish in Zone 1 
of the BSAI during any fishing year is 1 million animals. In accordance 
with Sec. 679.21(e)(3)(i) the Final 1996 Harvest Specifications of 
Groundfish (61 FR 4311, February 5, 1996) apportioned this PSC limit 
among the trawl gear fishery categories defined at 
Sec. 679.21(e)(3)(iv) as follows: (1) Yellowfin sole, 250,000 animals; 
(2) rock sole/flathead sole/``other flatfish'', 425,000 animals; (3) 
Pacific cod, 250,000 animals; and (4) pollock/Atka mackerel/other 
species, 75,000 animals.
    As of October 12, 1996, 80,000 animals remain of the C. bairdi 
Tanner crab PSC limit to be taken in the trawl rock sole/flathead sole/
``other flatfish'' category in Zone 1. This fishery category will not 
reopen during 1996. The yellowfin sole fishery category has no C. 
bairdi Tanner crab PSC limit apportionment remaining in Zone 1 and 
cannot harvest the 45,000 mt of yellowfin sole remaining in that 
species total allowable catch (TAC) in Zone 1. NMFS has determined that 
the Zone 1 PSC limit for C. bairdi Tanner crab apportioned to the 
yellowfin sole and rock sole/flathead sole/``other flatfish'' fishery 
categories is incorrectly specified based on the best available 
scientific information pertaining to bycatch rates reported by NMFS-
certified observers. The C. bairdi Tanner crab PSC limit apportioned to 
the yellowfin sole fishery category needs to be augmented to promote 
achieving the optimum yield from the yellowfin sole fishery.
    Under Sec. 679.25(a)(1)(iii), the Administrator, Alaska Region, 
NMFS, is adjusting the C. bairdi Tanner crab PSC limit by (1) 
increasing the apportionment specified for the yellowfin sole fishery 
category in Zone 1 by 80,000 animals, resulting in an adjusted 
apportionment of 330,000 animals for this fishery, and (2) decreasing 
the apportionment specified for the rock sole/flathead sole/``other 
flatfish'' fishery category in Zone 1 by 80,000 animals, resulting in 
an adjusted apportionment of 345,000 animals for this fishery. This 
adjustment is necessary to prevent the underharvest of the BSAI 
yellowfin sole TAC and is authorized pursuant to 
Sec. 679.25(a)(2)(i)(C).
    As required by Sec. 679.25(b), all information relevant to this 
inseason adjustment, including the effect of overall fishing effort 
within the statistical area and economic impacts on affected fishing 
businesses, was considered. Current C. bairdi Tanner crab bycatch 
allowances in Zone 1 will prevent harvest of the remaining 45,000 mt of 
yellowfin sole remaining in that

[[Page 57781]]

species TAC and will not promote optimum yield of groundfish and will 
result in economic harm to fishermen and processors who would otherwise 
participate in that fishery. Interested persons are invited to submit 
comment in writing (see ADDRESSES).

Classification

    This action is taken under Sec. 679.25 and Sec. 679.20.
    The Assistant Administrator for Fisheries, NOAA, finds for good 
cause that it is impractical and contrary to the public interest to 
provide prior public notice and comment on the inseason adjustment. 
Immediate effectiveness is necessary to prevent foregone revenue to the 
yellowfin sole fishery, which would otherwise be prevented from 
conducting operations in Zone 1.
    This action is exempt from review under E.O. 12866.

    Authority: 16 U.S.C. 1801, et seq.

    Dated: November 1, 1996.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 96-28717 Filed 11-04-96; 5:00 pm]
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